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Legal perspectives from our expert lawyers
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Managing employee performance is often challenging for employers and HR professionals, and there can be instances where an employee's performance can be so negligent that it can amount to misconduct. In Steven Zirilli v StarTrack Express...
The Land and Environment Court has determined the first Strata Renewal Plan be given effect under the Strata Schemes Development Act 2015 (the Act). In the case of Application by the Owners – Strata Plan No. 612...
In recent years, a growing body of case law has highlighted the circumstances in which an employee may be disciplined or dismissed for their posts on social media. In a landmark decision delivered last week in Comcare v Banerji [2019] HCA 23...
A party to a contract may be precluded from enforcing a contractual right if it has acted in a way that is clearly inconsistent with that right. This is known as the doctrine of election. Last Friday the New South Wales Court of Appeal applied the pr...
In December last year, we reported on a Federal Court judgment ordering costs against a non-party director for his unreasonable conduct to materially influence the conduct of a company involved in the winding up of the company. You can read the artic...
It is trite to say that a contract sets out various rights and obligations that the parties to it have. Generally, contracts will specify when these rights have to be exercised or obligations have to be performed. But what if the contract is...
As the sophistication and quality of surveillance technology continues to grow, there is increasing debate about the place of this technology in the workplace, and the appropriateness of using it to monitor employees. While the Workplace...
On 19 June 2019, the much-anticipated High Court appeal in the matter of Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 (also known as the "Amerind appeal") was handed down. The decision resolves ...
The Court of Appeal has recently affirmed a decision to hold a religious tribunal guilty of contempt of Court for trying to pressure one of its adherents into submitting to its jurisdiction for a commercial dispute, as opposed to bringing a claim in ...